US Supreme Court Blocks Biden-OSHA Mandatory Vaccine Mandate for Employers of 100 or More
Today, the United States Supreme Court blocked the Occupational Safety and Health Administration’s (OSHA) “vaccine or test” mandate to private employers of 100 or more employees. The Court concluded that OSHA did not have the authority to impose the rule.
Note, this ruling does not affect California employers’ duty to comply with the revised California Occupational Safety and Health Administration (Cal-OSHA) Emergency Temporary Standard (ETS). The Cal-OSHA ETS takes effect tomorrow, January 14, 2022. For information on the Cal-OSHA ETS, see our December 23, 2021 Employment Law Bulletin.
US Supreme Court Upholds the Secretary of Health and Human Services’ Vaccine Mandate for Employees of Health Care Facilities that Participate in Medicare and Medicaid Programs
The United States Supreme Court ruled today that the Secretary of Health and Human Services properly exercised his authority in issuing a vaccine mandate for employees of health care facilities that participate in Medicare and Medicaid programs. Employers who receive Medicare and Medicaid funding must ensure that their employees are vaccinated against COVID-19. Weekly testing in lieu of vaccination is only available for employees with a medical or religious exemption as required by law.
At SMT, we realize the ever-changing state and federal COVID laws are complicated and have great impact on your business or organization. Please reach out to an SMT employment attorney if we can be of help.
No Se Habla Español?
SMT’s employment attorneys can provide your company with employment policies, forms and employee disciplinary documentation in Spanish. Providing such important information to employees in the language they understand is critical to employee performance, providing a welcoming diverse work environment, and protecting your company against employment claims. Contact an SMT attorney today to get started.
Spaulding McCullough & Tansil LLP
Employment Law Group